Hearing of Mattaka abuse of office case to resume June 14

By Karama Kenyunko

12th May 2012

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Former Air Tanzania Company Limited (ATCL) managing director David Mattaka

The Kisutu Resident Magistrates’ Court yesterday adjourned hearing of an abuse of office case involving former Air Tanzania Company Limited (ATCL) managing director David Mattaka and two other officials until June 14, this year, when the hearing will resume for two consecutive days.

Before adjourning the case the prosecution, led by State Attorney Oswald Tibabyekomya, informed the court that the case yesterday had came for hearing but a prosecution witness lined up to give evidence was not ready to testify, and so asked the court to set another hearing date.

The case was adjourned by Resident Magistrate Ritha Tarimo, who would presides over the case, until June 11 this year when it comes up for mention and June 14 and 15 for hearing.

Apart from Mattaka, the other accused in the case are Elisaph Ikomba, who is ATCL’s acting chief financial officer, and William Haji, the airline’s chief internal auditor.

The case revolves around the procurement of 26 units of used motor vehicles of different makes from an Emirates-based company in alleged violation of procurement laws and regulations.

On the first count it is alleged that on diverse dates between March and July 2007 in Dar es Salaam city, the accused, together with other unknown persons, conspired to abuse their positions.

On the second count it is alleged that between June and July 2007 in Dar es Salaam the accused, being the managing director, acting chief financial officer and chief internal auditor of ATCL, respectively, while discharging their duties, intentionally abused their positions by floating a tender to supply to ATCL 26 units of used motor vehicles without the approval of the ATCL tender board.

On the third count Tibabyekomya alleges that, on diverse dates between July and August 2007, the accused abused their positions by procuring, without conducting competitive tendering, 26 units of used motor vehicle at USD 809,300 from Bin Dalmouk Motors, a company based in Dubai, in the United Arab Emirates.

Further, it is alleged that on the same date and place, the accused, while discharging their duties, intentionally abused their positions by purchasing for and on behalf of ATCL, a company wholly owned by the government of the United Republic of Tanzania, the 26 units of used motor vehicles at USD 809,300 from the said Bin Dalmouk Motors Company.

On the fifth count it is alleged that Mattaka, Ikomba and Haji, on diverse dates between 2 July and 23 August 2007, in Ilala District, abused their positions by authorizing payment for purchase of the said cars from the said company without there being a formal procurement contract between ATCL and Bin Dalmouk Motors Co. Ltd which was signed by the parties and ratified by the competent state attorney.

On the last count it is alleged that between July 2007 and December 2011, in Dar es Salaam, the accused, being employees of ATCL with different ranks, by reason of their failure to take reasonable care, procured 26 units of used Motor vehicle without having a budget which allocated funds for procurement of the same motor vehicles, an mission which caused ATCL to suffer a pecuniary loss amounting to USD 143,442.75 that the company incurred as storage charges for failure to timely pay import duties for the said motor vehicles and bank interest on the loan advanced for the acquisition of the same motor vehicles.